Bodnar v. Jackson

Filing 17

ORDER that the Certification and Report ofF.R.C.P. 26(f) Conference and Discovery Plan 16 and the relief sought therein,is hereby DENIED without prejudice. Signed by Magistrate Judge Dennis Howell on 08/07/2014. (thh)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14 CV 120

JASON D. BODNAR, DMD,

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Plaintiff
v
KELLY DONALD JACKSON, DDS,
Defendant and Counterclaimant.

ORDER

THIS MATTER has come before the undersigned pursuant to a
Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan (#16)
filed by the present parties in this matter. In examining the file, it appears that
there is a pending Motion to Join Party (#14) filed by the Defendant in which the
Defendant requests that Joseph C. Kerner be joined as a party plaintiff in this
matter. The time for the Plaintiff to respond to this motion has not expired. The
entry of a Pretrial Order and Case Management Plan prior to ruling on the Motion
to Join Party would be ill advised and not in the best interest of justice or the
administration and management of this matter.

As a result, the undersigned

declines to act upon the Certification and Report of F.R.C.P. 26(f) Conference and
Discovery Plan (#16) and will deny the relief sought in the Certification. After the
Court has ruled upon the Motion to Join Party (#14), then the
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the parties, whoever they may be at that time, are directed to file an amended
certification of initial attorneys conference within the times limits established by
the local rules.
ORDER
IT IS, THEREFORE, ORDERED that the Certification and Report of
F.R.C.P. 26(f) Conference and Discovery Plan (#16) and the relief sought therein,
is hereby DENIED without prejudice. After the Court has ruled upon the pending
Motion to Join Party (#14) and issues have joined as described in the Local Rules
of Civil Procedure, then the parties, whoever they may be, are directed to file
within fourteen (14) days after joinder, an amended certification of initial attorneys
conference which shall include a proposed discovery plan and as provided by the
local rules.

Signed: August 7, 2014

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